PERSONAL DATA PROTECTION NOTICE

Introduction

This Personal Data Protection Notice ("Notice") describes how we, Banjaran Asset Management (Cambodia) Plc. and our related corporations (collectively the “Companies”), as well as the respective representatives and/or agents (“Representatives”) (the Companies and Representatives collectively referred herein as "Banjaran", “us”, “we” or “our”), manage, handle, process or safeguard personal data pursuant to the Personal Data Protection Act 2012 (“PDPA”).

Personal data refers to data, whether true or not, about an individual who can be identified from that data; or from that data and other information to which we are likely to have access in conjunction with our business relationship.

By interacting with us, submitting your own or another individual's personal data to us, or signing up for any products or services offered by us, you confirm that you and such other individual agree and consent to the Companies and Representatives, collecting, using, disclosing and sharing amongst themselves your personal data in accordance with this Notice.

Please do not send us any personal data if you do not want it to be used in this way. In addition, this Notice will also provide you with more information on the basis upon which we may lawfully collect, use and/or disclose your personal data without your consent, where permitted by applicable law.

Please take a moment to read this Notice so that you know and understand the purposes for which we collect, use and disclose your personal data.

The personal data we collect

In the course of our provision of services, you may provide personal data to us. Your personal data may also be provided by someone on your behalf, in which case, we will assume until notified otherwise, that you have authorized the disclosure of your personal data to us.

If you provide us with any personal data relating to a third party (e.g. information on your spouse, children, parents, and/or employees), by submitting such information to us, you represent to us that you have obtained the consent of such third party to you providing us with their personal data, and for the collection, use and disclosure of their personal data for all purposes set out in our herein and by or for the benefit of the persons referenced herein.

Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth and photographs and other audio-visual information, employment information and financial information such as debit card details and bank account information.

What we collect your personal data for

• When you submit any applications or forms to us, including but not limited to any registration, declaration or onboarding forms, or when you update or add information to your forms;
   
• Agreements which you enter into with us or such other documentation or information in respect of your interactions and transactions with us, in the course of your establishing or maintaining a client relationship with us regarding an investment product or vehicle;
   
• When you give us instructions on a transaction and also when you provide confirmation of the transaction to us;
   
• When you open the attachments within the newsletters which are sent to you electronically;
   
• When you use our services provided through online and other technology platforms, such as websites and apps, including when you establish any accounts or holdings with us;
   
• When you request that we contact you, be included in an email or other mailing list, or when you respond to our request for additional personal data, our promotions and other initiatives;
   
• When you are contacted by, and respond to, our marketing Representatives and agents and other service providers;
   
• When you submit an employment application/ your detail for an independent contractor engagement or when you provide documents or information including your resume, your track records and expertise, and/or curriculum vitae in connection with any appointment, engagement or position, or when you attend interviews with us;
   
• When you interact with our staff and Representatives, for example, via telephone calls (which may be recorded), letters, fax, face-to-face meetings and email;
   
• Where allowed under applicable law, when we seek information about you regarding your relationship with us (including for our products/services or job applications) and receive your personal data (for example, from business partners, public agencies, your ex-employers and the relevant third parties);

• When you submit personal data for us to conduct any form of due diligence on you;

• When you share comments or feedback with us (such as by giving feedback on our website, or contacting our Representatives via email);

• When third party sources to which you have given your consent or if collection of your personal data is necessary to comply with applicable data protection laws share with us/ submit your personal data; and/or

• When you submit your personal data to us for any other reason.

What we use your personal data for

Generally, Banjaran collects, uses and disclose your personal data for the following purposes:

• processing your registration or transactions;

• managing the administrative and business operations of the Companies and complying with internal policies and procedures;

• notifying you of any information or updates pertaining to your transactions and/or any service issues and unusual account actions;

• facilitating business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving any of the Companies;

• matching any personal data held which relates to you for any of the purposes listed herein;

• requesting feedback or participation in surveys, as well as conducting market research and/or analysis for statistical, profiling or other purposes for us to design our products, understand customer behavior, preferences and market trends, and to review, develop and improve the quality of our products and services;

• preventing, detecting and investigating crime, including fraud and money-laundering or terrorist financing, and analyzing and managing commercial risks;

• providing media announcements and responses;

• marketing offers and promotions in relation to products and services including organizing promotional events;

• in connection with any claims, actions or proceedings (including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and/or protecting and enforcing our contractual and legal rights and obligations;

• managing and preparing internal and external reports for whatever purpose;

• to inform you about changes to the website and, subject to any applicable local laws, other information that we think may be of interest and/or useful to you including our products and services;

• to contact you and to send statements / notices to you relating to your account and holdings therein;

• to communicate with you to inform you of changes and updates to our policies, terms and conditions and other administrative information;

• to comply with all relevant regulations, authorities and reporting obligations;

• to verify your identity for the purposes of the services provided to you;

• to respond to your queries and requests and handling complaints;

• to keep proper records and documentation in relation to services, or trust services (where applicable) provided to you;

• to manage our relationship with you;

• to perform screening and/or due diligence checks on relevant third parties;

• to perform internal management reviews, to conduct audit checks, surveillance and investigations, meeting or complying with internal policies and procedures, or other requirements or directions of the relevant authorities as Banjaran may be required to comply with from time to time; 

• to fulfil our legal obligations, protect our legal interests and rights and complying with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and/or

• or any other purpose directly relating to any of the above.

Of course, you are not required to supply any of the personal information that we may request. However, failure to do so may result in us not being able to provide services to you.

The purposes listed above may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

In addition, Banjaran collects, uses and discloses your personal data for the following purposes depending on the nature of our relationship:

1. verifying and processing your personal particulars and payments in relation to the purchase or provision of our products and/or services;

2. providing you with products and/or services which you have purchased or requested to receive, and to push content to you which may be relevant to you (including to personalize and customize your experience based on your interactions with our platform(s), your profile information and preferences, and other content you submit from time to time;

3. communicating with you and informing you of changes and development to the Companies' policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to the products and services offered to you;

4. resolving complaints and handling requests and enquiries;

5. conducting market research for statistical, profiling and statistical analysis for the improvement of services provided to you; 

6. identifying any other products or services provided by Banjaran that may be suitable for you or another individual, or personalizing or customizing any such products or services for you or another individual;

7. storing and processing your personal data through a cloud computing provider who manages and operates data storage as a service;

8. if you submit any application to us as a candidate for employment/ your engagement as an independent contractor: 

   1. conducting interviews;

   2. processing your application which includes pre-recruitment checks involving your qualifications and facilitating interviews;

   3. providing or obtaining employee references and for background screening;

   4. assessing your suitability for the position applied for;

   5. processing staff referrals; and/or

   6. any other purposes relating to any of the foregoing; 

9. if you are our director, employee, independent contractor, temporary staff, intern or trainee:

   1. administrative, human resources related and support processes relating to your employment or relationship with us, including managing and terminating your employment or appointment, assessing and evaluating your suitability for employment or appointment or continued employment or appointment in any position within Banjaran, staff benefits (including travel, manpower, business continuity and logistical management or support), processing expense claims, administering insurance applications, leave administration, training, learning and talent development, resolving grievances, and planning and organizing corporate events;

   2. investigating any acts or defaults (or suspected acts or defaults), or contraventions of our internal or external compliance obligations;

   3. providing you with tools and facilities to enable or facilitate the performance of your duties, and monitoring your use of such tools and facilities;

   4. ensuring business continuity, including compiling and publishing internal directories and emergency contact lists;

   5. ensuring that Banjaran’s operations function in a secure, efficient and effective manner (including examining or monitoring any computer software and hardware installed within Banjaran, your activities on such computer software and hardware, your internet access, your work emails and personal digital and storage devices; and

   6. managing Banjaran’s business, including risk management functions, and to comply with our internal policies and procedures; and/or processing of your personal data in relation to any of the purposes stated above.

10. We may also process personal data relating to a third party which you provide to us:

    1. to review your client onboarding form;

    2. to process your transaction form;

    3. for fraud detection and prevention;

    4. to perform due diligence on you or any information/ documents provided by you;

    5. to facilitate your requests or for any other purpose that you authorize, and

    6. if you are our director, employee, independent contractor, temporary staff, intern or trainee, to assess and evaluate your suitability for employment or appointment, or continued employment or appointment in any position in Banjaran.

In addition, where permitted under applicable law, Banjaran may also collect, use and disclose your personal data for the following purposes (which we may describe in our documents and agreements as "Additional Purposes" for the handling or processing of personal data):

1. providing or marketing services, products and benefits to you, including joint marketing and/or cross promotions with third parties;

2. Matching personal data with other data collected for other purposes and from other sources (including third parties) in connection with the customization, provision or offering of products, services, marketing or promotions, whether by Banjaran or other third parties;

3. administering contests and competitions, and personalizing your experience at Banjaran's touchpoints;

4. conducting market research, understanding and analyzing customer behavior, location, preferences and demographics for us to offer you products and services as well as special offers and marketing programs which may be relevant to your preferences and profile;

5. recommending, identifying and/or contacting you to inform you of products, services, special offers and rewards, either to our customers generally, or which we have identified may be of interest to you, or that are or may be relevant to you, in any case including on behalf of third parties, or sharing your personal data with such third parties or their service providers for them to collect, use, disclose or process your personal data for any of such purposes; and/or

6. collection, use, disclosure and/or processing of customer data by us or our business partners for data monetization purposes.

If you have provided your Singapore telephone number(s) and have indicated that you consent to receiving marketing or promotional information via your Singapore telephone number(s), then from time to time, we may contact you using such Singapore telephone number(s) (including via voice calls, text, fax or other means) with information about our products and services (including discounts and special offers).

In relation to particular products or services or in your interactions with us, we may also have specifically notified you of other purposes for which we collect, use and/or disclose your personal data. If so, we will collect, use and/or disclose your personal data for these purposes as well.

Other bases for handling or processing your personal data

In addition to and without limiting the consents you have provided to our collection, use and/or disclosure of your personal data for the purposes set out elsewhere in this Notice, where permitted by applicable law, Banjaran may also in accordance the requirements thereof also collect, use and/or disclose your personal data as further detailed below including without consent, where we meet the requirements of applicable law:

1.  for our legitimate interests or the legitimate interests of another person (but not for sending you direct marketing messages unless you have otherwise provided your consent), including without limitation for the following purposes: 

   1. evaluative purposes;

   2. any investigations or proceedings;

   3. for us to obtain legal services;

   4. fraud detection and prevention;

   5. entering into, managing or terminating an employment relationship or appointment;

   6. detection and prevention of misuse of services by users;

   7. detection of any threats to safety and security of any of the Companies’ systems (including IT and network security); and

   8. improving the Companies’ anti-money laundering and financial crime risk management; and

2. we may collect your personal data from any of the Companies, we may use your personal data, and any of the Companies may disclose your personal data to us, for improving our products, services, processes or business, understanding customer preferences and personalizing experiences and recommendations (regardless whether you are an existing or prospective customer of any of the Companies).

Deemed consent

In addition to the matters set forth above, subject to and in accordance with applicable law, you shall be deemed to have consented to collecting, using, disclosing and sharing amongst ourselves your personal data, and disclosing such personal data to the Companies' authorized service providers and relevant third parties: 

1. where in response to a request for your personal data in connection with identified purposes, you voluntarily provide such personal data to Banjaran for such purpose(s) and it is reasonable that you would voluntarily provide such personal data; and

2. where the collection, use and/or disclosure of your personal data is reasonably necessary for the conclusion and/or performance of a contract, between you and us or any other organization entered into at your request, which may include recipients of your personal data not indicated in this Notice.

Collection of Connection Data, Cookies

Every time you visit the Website our server records the IP address of the connection and some additional information from your internet browser. These transfer data record the communication between you and Banjaran and may be used for statistical purposes and for internal measures aimed at improving service quality.

Cookies or other methods may be used to track the use of the Website. We use cookies in order to improve the quality of our services and to better understand how visitors use our website. When you visit the website for the first time, you will be asked to accept and agree among other things that you are an institutional investor or accredited investor. The website will place a cookie on your computer or device so that when you visit the website again you will not be again requested to confirm your investor profile.

Sharing of personal data with third parties

We do not disclose your personal information to third parties, except as described in this Notice.

Third party disclosures may include sharing such information with non-affiliated companies who perform support services on our behalf including those that provide professional, legal or accounting advice to us. These companies are required to ensure appropriate security measures are in place and maintain the confidentiality of such information to the extent they receive it, and to use your personal information only in the course of providing such services and only for the purposes that we dictate.

We may also disclose your personal information to fulfil your instructions or pursuant to your express consent.

Finally, under limited circumstances, your personal data may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations, for instance, when responding to proceedings of a court of law or similar legal process, to protect against fraud, and to otherwise cooperate with law enforcement or regulatory authorities.

We will not sell your personal information.

Our website may contain links to other websites operated by third parties. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third party websites. Some of these third party websites may be co-branded with our logo or trademark, even though they are not operated or maintained by us. Once you have left our website, you should check the applicable privacy policy of the third party website to determine how they will handle any information they collect from you.

Security

We will take reasonable measures to ensure the security of your personal information. In particular we take steps to protect against unauthorized access to, alteration of or disclosure of your personal information. The steps we take to protect the security of your personal information include the putting in place of industry standard firewalls and password protection systems.

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

Banjaran cannot completely guarantee the security of any personal data we may have collected from or about you, or that no harmful code will enter our website (for example viruses, bugs, trojan horses, spyware or adware). You should be aware of the risks associated with websites.

We cannot ensure the security of the information you transmit to us via the internet, and we urge you to take every precaution to protect your personal data when you use our platforms. We recommend that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.

Accuracy of Personal Data

We generally rely on personal data provided by you (or your authorized representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing us at the contact details provided below.

Your rights

You can request access to any personal information we hold about you or information about the ways in which we use or disclose your personal data. If the personal information we hold about you is incorrect you can request us to correct or update it. Further, if you have any questions or feedback relating to your personal data or our Notice, including without limitation our reliance on the legitimate interests and/or deemed consent bases of collecting, using and/or disclosing your personal data as described in this Notice, you may submit your request, questions or feedback to our Data Protection Officer by:

• completing the Contact Form; or

• calling us at +855(please insert the contact number).

You may also write to our Data Protection Officer as follows:

Data Protection Officer

Banjaran Asset Management (Cambodia) Plc.

Morgan tower, 12 floor, street: Sopheak Mong Koul, Koh Pich, Village 14, Songkat Tunle Basak, Khan Chamka Mon, Phnom Penh City, Cambodia.

Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request, and if your personal data has been provided to us by a third party, you should contact such party directly to make any queries, feedback, and access and correction requests to Banjaran on your behalf.

Please allow us reasonable time to respond and effect any change. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).

Withdrawal of Consent

The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. If you wish to withdraw your consent to use or disclose any of your personal data, you may write to us. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.

Please note that if you withdraw your consent to any or all use or disclosure of your personal data, depending on the nature of your request, we may not be in a position to continue the business relationship you may have with us, to provide its products or services to you, administer any contractual relationship already in place, or perform or conclude an existing or prospective agreement. This may also result in the termination of any agreements you have with Banjaran, and your being in breach of your contractual obligations or undertakings. Banjaran's legal rights and remedies in such event are expressly reserved. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described above.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

Retention of Personal Data

We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

Transfers of Personal Data Outside of Singapore

Subject to applicable law, your personal data may be provided, for the purposes listed above (where applicable), to the following entities or parties, whether they are located overseas or in Singapore:

1. vendors, third parties, service providers, agents and other organizations who we engage to provide services either independently or on our behalf in connection with any of the purposes listed above in this Notice, such as the providers of our customer relationship management system, our data servers, our market analysts, and/or our cloud computing providers who manage and operate data storage(s) as a service, including without limitation payment service processors, and/or telecommunication network operators;

2. Banjaran's related corporations;

3. agents, contractors or third party service providers (including software providers) who provide services to Banjaran;

4. vendors or other third party service providers, including in connection with marketing promotions and services offered by Banjaran;

5. analytics, search engine providers or other third party service providers that assist us in delivering our products, services, websites and platforms as well as improving and optimizing the same;

6. any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or any debt or asset sale) involving any of the Companies;

7. banks, credit card companies and their respective service providers;

8. third party referrers;

9. our co-brand and other business partners;

10. our professional advisers such as our board of directors, auditors and lawyers;

11. relevant government regulators, government ministries, statutory boards or authorities and/or law enforcement agencies, to comply with any directions, laws, rules, guidelines, regulations or schemes issued or administered by any of them;

12. external business and charity partners in relation to corporate promotional events;

13. any vendors, contractors or third party service providers who provide services relating to insurance to Banjaran;

14. any hotel, travel agents and foreign embassies who provide overseas travel arrangements for Banjaran staff; and/or

15. any other party to whom you authorize us to disclose your personal data to.

 Effect of Notice and Changes to Notice

This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us. Further, this Notice supplements but does not supersede nor replace any other consents you may have previously provided to us in respect of your personal data, and any consents you may have provided in connection with this Notice are cumulative and additional to any rights which we may have under applicable law to handle or process your personal data.

We may revise this Notice from time to time without any prior notice, and send you notification of updates to this Notice in any form as we may deem appropriate. While you may determine if any such revision has taken place by referring to the date on which this Notice was last updated, we may also inform you of how we process your Personal Data by publishing (or amending) this Notice and, where required by applicable law, by posting a notice, or reaching you via other forms of communication (e.g. sending you an email) according to such contact particulars that we may have of you in our records from time to time. You may also contact us in the manner disclosed in this notice to learn about our handling or processing of your personal data. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

Banjaran may from time to time update this Notice to, for example, ensure that this Notice is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. To the maximum extent permissible under applicable law, you agree to be bound by the prevailing terms of this Notice as may be updated from time to time on our website and/or as you may be notified. Hence, please check back regularly for updated information on our handling or processing of your personal data.

Consent to this Privacy Notice

By using the website, you consent to the collection and use of your personal information as described in this Notice.

Governing Law

This Notice and your use of this website shall be governed by the laws of Cambodia